This is a new case of divorce introduced by the law of May 26, 2004.
The definitive alteration of the conjugal bond results from “the cessation of the community of life between the spouses, when they have been separated for two years during the divorce proceedings”.
It is therefore sufficient that the spouses have ceased to live together for at least two years, on the day of the summons, so that the divorce can be pronounced on this basis.
For this type of procedure, you may very well not have fulfilled the two-year requirement at the time of the introduction of the proceeding (by motion).
After filing the motion, your lawyer will wait until you receive a date of the summons, when you will appear before the magistrate.
It will then make what is called a “non-conciliation order”.
It is only then that you will be able to continue the proceedings (by way of summons) to allow the magistrate to give a final divorce judgment and that the two-year condition must be met.
How to prove that the separation lasted two years?
By means of receipts such as rental contracts, electricity bills, telephone, handrails, certificates, etc.
Of course, it does not mean that the two-year period has been interrupted (in case of reconciliation).
The judge can also pronounce this type of divorce when a spouse asks for the divorce for fault and is opposed by the other spouse (we call it a counterclaim) a definitive alteration of the conjugal bond.
Once you have been able to prove to the Family Justice Judge that the duration of your separation is at least two years, the magistrate will have no alternative but to pronounce the divorce on this basis.